02/18/1992
MONROE COUNTY
F:LEfI C (IF pre'oP'
SECOND AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES 8
.92 FEB 26 P12:5
,. ,.....
THIS AMENDMENT to the AGREEMENT FOR CONSULTING SERVICES dalt.eddune 4, " ll-
1991 and amended on November 13, 1991, by and between the MONRO~"OO~~;~N 1 y'. F U.
BOARD OF COUNTY COMMISSIONERS, Monroe County, Florida ref~WgaufO as
"CLIENT" and FREILICH, LEITNER, CARLISLE & SHORTLlDGE, with offices located at
1000 Plaza West, 4600 Madison, Kansas City, Missouri 64112 re erred to as the "LEGAL
CONSULTANT," made and entered into this J 1fth day of .. 1992.
WHEREAS, the CLIENT and LEGAL CONSULTANT have previously entered into an
Agreement for Consulting Services dated June 4, 1992, and executed on November 13,
1991, a First Amendment thereto.
WHEREAS, the CLIENT has determined that it is necessary, expedient and to the best
interest of the CLIENT to expand the legal consulting and related professional services
to be provided by the LEGAL CONSULTANT in connection with the preparation and
development of a Rate of Growth Ordinance (ROGO) and Land Development Regulation
revisions.
WHEREAS, the CLIENT desires to add specific work tasks and a supplemental budget
for the additional Phase 4 and 5 tasks.
WHEREAS, the LEGAL CONSULTANT shall include a timetable for the performance of
such additional tasks and phases pursuant to Section 4 of the AGREEMENT.
WHEREAS, the LEGAL CONSULTANT shall include a cost limit by Phase pursuant to
Section 5 of the AGREEMENT.
WHEREAS, the AGREEMENT (Section 7) provides that all work assignments in addition
to those set forth in EXHIBIT "A-1" shall be authorized in writing prior to any work being
conducted by the LEGAL CONSULTANT.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
SECTION 1. The Agreement shall be amended as follows:
"'\
(a) In Section 2, Scope of Services, add after "Phase 3 - Concurrency
Management," the following:
"Phase 4 - Land Development Regulations, Revisions and
Additions
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Phase 5 - Plan and Implementation Tool Adoption"
(b) In Section 2, Scope of Services, add to the second paragraph the following:
"Work assignment number four is defined as Phase 4 - Land
Development Regulations, Revisions and Additions - Scope
of Services - Exhibit E-1 attached hereto and make a part of
this Agreement.
Work assignment number five is defined as Phase 5 - Plan
and Implementation Tool Adoption - Scope of Services -
Exhibit F-1, attached hereto and made a part of this
Agreement.
(c) In Section 3, Client's Responsibilities, subsection 3.2, add after "Exhibit '0-
1'," the following:
", Exhibit 'E-1' and Exhibit 'F-1'."
(d) In Section 3, Client's Responsibilities, subsection 3.4, add after "Exhibit '0-
1 ' ," the followi ng:
",Exhibit 'E-1' and Exhibit 'F-1'."
(e) In Section 5, Compensation, amend the "Cost limits by Phase" to add the
following:
"Cost Limits bv Phase
Phase 4
Land Development
Regulations, Revisions
and Additions
See below1
Phase 5
Plan and Implementation
Tool Adoption (RaGa)
$19,500"
1 The LEGAL CONSULTANT acknowledges that the Board of County
Commissioners has authorized and allocated $100,000 for Land Development Regulation
revisions. Pursuant to this AMENDMENT and a similar amendment to the Agreement for
Professional Services with Wallace, Roberts & Todd, the $100,000 allocation will be
divided between the LEGAL CONSULTANT and Wallace, Roberts & Todd.
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(f) In Section 6, Payment to Consultants, subsection 6.3, add after "Phases 2
and 3," the following:
", Phases 4 and 5"
SECTION 2. The AGREEMENT shall be amended by adding thereto "Phase 4 - Land
Development Regulations, Revisions and Additions, Exhibits 'E-1' and 'E-2,' Work
Assignment #4," attached hereto and made a part of this SECOND AMENDMENT to the
AGREEMENT.
SECTION 3. The AGREEMENT shall be amended by adding thereto "Phase 5 - Plan
and Implementation Tool Adoption, Exhibits 'F-1' and 'F-2', Work Assignment #5,"
attached hereto and made a part of this SECOND AMENDMENT to the AGREEMENT.
SECTION 4. All other provisions of the Agreement and First Amendment thereto shall
remain in full force.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the I. t Jt day of ~ 1992.
MONROE COUNTY
Signed, sealed and delivered in the
~:J:,:#~,~~
Attest:DANNY L.R~ Clerk
By:
. .. ~ e
\.U ~~., Vll'lwIo.~'",,- -...... ~ y
Wilhelmina Harvey, Mayor
Approved as to legal sufficiency:
FREILICH, LEITNER, CARLISLE
& SHORTLlDGE
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EXHIBIT "E-1"
WORK ASSIGNMENT #4
PHASE 4. LAND DEVELOPMENT REGULATIONS, REVISIONS AND ADDITIONS
Backaround
In order to implement the Comprehensive Plan, to comply with Florida statutes and to
comply with the Settlement Agreement with the State Department of Community Affairs,
the County must amend the existing Land Development Regulations (Chapter 9.5 of the
Monroe County Code), and to do so simultaneously with plan adoption.
Land Development Regulation revisions may result from and/or be oriented to, the
following: (1) editorial and housekeeping changes; (2) reorientation from performance
zoning to Euclidean zoning; (3) organization of districts and district regulations; (4)
detailed standards to implement specific goals, objectives and policies as set forth in the
draft Comprehensive Plan; (5) zoning map changes; (6) flexible zoning techniques; (7)
administrative processes and procedures; (8) nonconformities; (9) development
intensities; and (10) citizen participation.
Scope of Services
Work Asslanments
The LEGAL CONSULTANT shall undertake tasks only upon the express authorization of
the COUNTY. The tasks may include, but are not limited to, those set forth in the
"Monroe County Scope of Work for the Land Development Regulations, Consultant and
Staff Tasks (213/92)."
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EXHIBIT "E-2"
WORK ASSIGNMENT #4
PHASE 4. LAND DEVELOPMENT REGULATIONS, REVISIONS AND ADDITIONS
Timetable
The LEGAL CONSULTANT services identified in Work Assignment #4 and the "Monroe
County Scope of Work for the Land Development Regulations, Consultant and Staff
Tasks (213192)" shall be provided in accordance with the timetable specified by the
County in the express authorization to undertake a specific work task.
Deliverables
The LEGAL CONSULTANT shall submit written work products in the form of Land
Development Regulation revisions or additions if requested by the COUNTY upon its
express authorization. The COUNTY may also request that the LEGAL CONSULTANT
review work products and LAND DEVELOPMENT REGULATION revisions drafted by
Staff or others and submit written or oral comments. The LEGAL CONSULTANT may
be requested to attend Staff, Development Review Committee, Planning Commission,
Board of County Commissioner or other meetings, workshops or public hearings. The
LEGAL CONSULTANT shall coordinate all work with the COUNTY's designated
PROJECT MANAGER.
Budaet
The PHASE 4 Cost Limit as identified in Section 5 of the AMENDED AGREEMENT is
$100,000, which shall be divided between the LEGAL CONSULTANT and Wallace,
Roberts & Todd.
Budaet Notation
The Board of County Commissioners has authorized and allocated $100,000 for Land
Development Regulation revisions. Pursuant to this AMENDMENT and a similar
amendment to the COUNTY's Agreement for Professional Services with Wallace, Roberts
& Todd, the $100,000 allocation will be divided between the LEGAL CONSULTANT and
Wallace, Roberts & Todd. Pursuant to requests by the COUNTY, the LEGAL
CONSULTANT shall undertake tasks and shall be compensated on an hourly basis at the
hourly billing rates currently in effect pursuant to EXHIBIT "B" to the June 4, 1991
AGREEMENT.
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All of the parties recognize that this allocation is preliminary and is subject to adjustment
on the basis of actual Land Development Regulation revision needs and requirements.
Therefore, the COUNTY may, at any time, allocate or reallocate funds to best accomplish
its proposes; provided, however, that the LEGAL CONSULTANT shall be compensated
for all work performed pursuant to authorization by the COUNTY and until the COUNTY
specifies that work should be halted.
Payments
The COUNTY shall make payments in response to the submission by the LEGAL
CONSULTANTS of monthly invoices, which shall detail the time spent, by attorney and
the expenses incurred in the performance of the requested services. Reimbursable direct
expenses shall include costs associated with travel, long-distance telephone, copying,
report production and reproduction, overnight delivery, fax charges and other similar
expenses. The County shall render payment within 45 days of receipt of invoices.
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EXHIBIT "F-1"
WORK ASSIGNMENT #5
PHASE 5. PLAN AND IMPLEMENTATION TOOL ADOPTION (RATE OF GROWTH
ORDINANCE).
Backaround
The COUNTY has been interested in a Rate of Growth Ordinance (ROGO) at least since
last year when it was incorporated in the "Comprehensive Plan Policy Issues: A Position
Paper Prepared by the Monroe County Growth Management Division" (January 30, 1991)
adopted by the Board of County Commissioners on February 4, 1991. The County again
considered a permit allocation system in the summer of 1991 in the context of an interim
development ordinance, but elected not to proceed at that time. A permit allocation
system is also required pursuant to the Stipulated Settlement Agreement between Monroe
County and the State Department of Community Affairs. Rather than waiting until the
Comprehensive Plan has been adopted, the County has opted to proceed immediately
with the development of the rate of growth ordinance (permit allocation system) with the
intention of adopting it prior to adoption of the Comprehensive Plan.
Scope of Services
Work Assianments
The LEGAL CONSULTANT shall undertake and have primary or secondary responsibility
for the tasks as indicated in the "Scope of Services for the Permit Allocation System" and
the "Labor Distribution" attached thereto. The Scope of Services shall be incorporated
in this AMENDMENT to the AGREEMENT.
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EXHIBIT "F-2"
WORK ASSIGNMENT #5
PHASE 5. PLAN AND IMPLEMENTATION TOOL ADOPTION
Timetable
The LEGAL CONSULTANT services identified in Work Assignment #5 and in the "Scope
of Services for the Permit Allocation System" shall be provided in accordance with a
timetable to be specified by the COUNTY based upon the timing of the required staff and
public workshops and Planning Commission and Board of County Commissioners' review
and public hearings. Within that context, the COUNTY and the LEGAL CONSULTANT
shall agree upon a schedule for the production of required work products, documents and
drafts of the Rate of Growth Ordinance.
Deliverables
The LEGAL CONSULTANT shall be responsible for preparing a preliminary draft of the
ROGO (except the "recitals"); a First Draft; and, after Board of County Commissioners'
input and public hearings, a Final Draft. In addition, the LEGAL CONSULTANT shall
attend the County Staff/Consultant Review Workshop (Task 1.2), the County
Staff/Consultant Team Review and Legal Issues Workshop (Task 1.6), the County
Staff/Consultant Review of the Preliminary Draft of the ROGO (Task 2.3) and the Board
of County Commissioners' public hearings (Task 3.2).
The LEGAL CONSULTANT shall also have secondary responsibility for review of the
point systems criteria and for joint Planning Commission/Board of County Commissioners'
review of the points criteria.
Budaet
The Phase 5 Cost Limit as identified in Section 5 of the AMENDED AGREEMENT is
$19,500.
Budaet Assumptions
Fee and expenses for four (4) trips to Monroe County and/or Wallace, Roberts & Todd
offices in Coral Gables, Florida associated with Work Tasks 1.2, 1.6, 2.3 and 3.2.
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